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Judgment Search Results Home > Cases Phrase: undue influence indian contract act Page 1 of about 6,357 results (0.071 seconds)

Mar 04 1997 (HC)

Shrimati and ors. Vs. Sudhakar R. Bhatkar and ors.

Court : Mumbai

Reported in : 1998(1)ALLMR648; 1997(4)BomCR237

..... burden having not been discharged, whether the courts below were justified in dismissing the plaintiff's suit?'6. section 16 of the indian contract act 1872 defines undue influence which reads thus :'16. undue influence defined.--(1) a contract is said to be induced by 'undue influence' where the relations subsisting between the parties are such that one of the parties is in a position to dominate the will of ..... to in sub-section (3) of section 16.9. the apex court in afsar shaik v. soleman bibi, air 1976 sc 163 had occasion to deal with undue influence and section 16 of the indian contract act and with reference to the decision of prem shah (supra) decided by privy council, held that it was not sufficient for a person seeking relief to show that ..... will of the other.nothing in this sub-section shall affect the provisions of section 111 of the indian evidence act, 1872 (1 of 1872).7. consent under section 14 of the indian contract act is said to be free where it is not caused by coercion, undue influence, fraud, misrepresentation or mistake.8. sub-section (3) of section 16 provides that where a person who is ..... lie upon the person in the position to dominate the will of the other. where a party to a contract seeks to set it aside on the ground of undue influence, it is not sufficient for him under section 16 of the indian contract act to establish that the other party was in a position to dominate his will. he must also prove that the other .....

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Mar 30 1964 (HC)

Mahboob Khan and ors. Vs. Hakim Abdul Rahim

Court : Rajasthan

Reported in : AIR1964Raj250

..... . w. 4) and karim khan (p. w. 6).'both the courts failed to take notice of the provisions of section 16 of the indian contract act and section in of the indian evidence act.6. undue influence is defined in section 16 of the indian contract act. in the case of poosathurai v. kannappa chettiar, air 1920 pc 65 it was pointed out by the judicial committee that:'it is ..... in the above two cases are applied to the facts of his case it was for the respondent to show that the gift was not made by undue influence (section 16(3) indian contract act and section in evidence act). this aspect of the case was completely overlooked by the courts below, though the trial court remarked that:'the defendant was a close relation of the ..... leaving himself entirely to his fate.''the facts mentioned above found by the trial court clearly make out a case of undue influence ay defined in section 16 of the indian contract act and the burden of proving that such contract was not induced by undue influence should have been on the defendant. but the trial court instead of holding that the gift, in question was induced by ..... mohammadan law. but in my view the argument is not well founded. section 19a of the indian contract act provides that:'when consent to an agreement is caused by undue influence, the agreement is a contract voidable at the option of the party whose consent was so caused. any such contract may be set aside either absolutely or, if the party who was entitled to avoid it .....

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Aug 12 1926 (PC)

Venkatrama Aiyar and ors. Vs. Krishnammal and anr.

Court : Chennai

Reported in : AIR1927Mad255; (1927)52MLJ20

..... was not provided for in either of the deeds is not by itself sufficient to hold that they must have been executed under undue influence.6. section 16 of the indian contract act defines what is undue influence:a contract is said to be induced by 'undue influence' where the relations subsisting between the parties are such that one of the parties is in a position to dominate the will ..... the court to draw the presumption of undue influence in certain cases.9. section 16 (2) is:a person is deemed to be in a position ..... or she does not desire to do, that it is undue influence.14. coercion, as used by sir james hannen, should not be understood in the sense in which it is used in section 15 of the indian contract act. section 15, indian contract act, defines coercion as:the committing, or threatening to commit, any act forbidden by the indian penal code, or the unlawful detaining, or threatening to ..... having been brought about by undue influence.8. a large number of cases on the question of undue influence have been cited before me, but i will examine only a few of them to see what is necessary to prove in order to make out undue influence. so far as the indian law is concerned section 16 of the indian contract act not only defines undue influence, but it also enables .....

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Aug 21 2006 (HC)

Sanjay Puri Vs. Radhey Lal and ors.

Court : Delhi

Reported in : 2006(2)CTLJ159(Del); 2006(91)DRJ471

..... any act forbidden by the indian penal code (45 of 1860) or the unlawful detaining, or threatening to detain, any property, to the ..... upon the defendant when his signatures were obtained on ex.pw-1/1 and the second limb is whether there was undue influence exercised by the plaintiff when defendant signed ex.pw-1/1.39. section 15 and 16 of the indian contract act 1872 define coercion and undue influence respectively. they read as under:15. 'coercion' defined.- 'coercion' is the committing, or threatening to commit, ..... 41. language of section 16 of the indian contract act 1872 shows that existence of a subsisting relationship where one party is in a position to dominate over the will of the other has to be established before establishing that an unfair advantage has been obtained by a party. the common law principles relating to duress, undue influence, coercion etc. rest on the principle ..... on the evidence adduced, to be unconscionable, the burden of proving that such contract was not induced by undue influence shall be upon the person in a position to dominate the will of the other.nothing in the sub-section shall affect the provisions of section 111 of the indian evidence act, 1872 (1 of 1872).40. on the issue of coercion no plea .....

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Jul 01 1986 (HC)

Karuppayee Ammal Vs. Karuppiah Pillai and anr.

Court : Chennai

Reported in : (1987)2MLJ138

..... as to hold that ex. al is not supported by consideration and that it had been obtained by fraud and coercion. undue influence is defined by the indian contract act in section 16 as follows.1. a contract is said to be induced by 'undue influence' where the relations subsisting between the parties are such that one of the parties is in a position to dominate the will ..... had not given the particulars of coercion or undue influence in the notice or in the written statement which he has developed in the course of his evidence as d.w. 1.30. bearing in mind the relevant provisions of the indian contract act (act ix of 1872), the transfer of property act (act no. iv of 1882) and the indian registration act (act no. xvi of 1908), we find that ..... adduced, to be unconscionable, the burden of proving that such contract was not induced by undue influence shall he upon the person in a position to dominate the will of the other.nothing in this sub-section shall affect the provisions of section 111 of the indian evidence act (1 of 1872).19. 'undue influence' or as it is sometimes called moral coercion as distinguished from ..... physical coercion, according to sir frederick pollock 'consists in any influence brought to bear upon a person entering into an agreement or consenting to a disposal of .....

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Dec 18 1923 (PC)

Raghunath Prasad Vs. Sarju Prasad

Court : Mumbai

Reported in : (1924)26BOMLR595

..... evidence at all. it is quite plain that no court can accept a story thus unproved by its author as establishing a case either of mental distress or of undue influence under the indian contract act. the only case which the appellant has is the case derived from the contents of the mortgage itself.10. it is argued with force that these are unconscionable, and ..... case, fell within the protective provisions of section 2 of the indian contract (amendment) act, 1899. it may be convenient to set that section out in full:--2. section 16 of the indian contract act, 1872, is hereby repealed, and the following is substituted therefor, namely:--16.--(1) a contract is said to be induced by 'undue influence' where the relations subsisting between the parties are such that one ..... has the appearance of being so) a remedy under the indian contract act does not come into view until the initial fact of a position to dominate the will has been established. once that fact is established, then the unconscionable nature of the bargain and the burden of proof on the issue of undue influence come into operation. in the present case, for the reasons .....

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Aug 22 2003 (HC)

Onkar S/O Mahadeorao Konde Vs. Shobha Ambadas Ugale and ors.

Court : Mumbai

Reported in : 2004(2)ALLMR137; 2004(1)CTLJ306(Bom); 2004(1)MhLj172

..... as follows :--16. 'undue influence' defined -- (1) a contract is said to be induced by 'undue influence' where the relations subsisting between the parties are such that one of the parties is in a position to dominate the will of the ..... by undue influence. according to the learned counsel the ground of fraud is distinct in law as well as in fact from the ground of undue influence and no finding of undue influence could have been recorded by the courts below when it was not pleaded. there is great force in the submission made by the learned counsel for the appellant. section 16 of the indian contract act defines undue influence ..... the face of it or on the evidence adduced, to be unconscionable, the burden of proving that such contract, was not induced by undue influence shall be upon the person in a position to dominate the will of the other.on the other hand section 17 of the act defines fraud as follows:--17. 'fraud' defined -- 'fraud' means and includes any of the following ..... acts committed by a party to a contract, or with his connivance, or by his agent, with intent to deceive .....

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Mar 21 1960 (HC)

M.A. Abdul Malick Saheb Vs. T.P. Muhammad Yousuf Sahib and ors.

Court : Chennai

Reported in : AIR1961Mad190; (1960)2MLJ355

..... that he is a bona fide transferee for value, without notice of the circumstances affecting the impugned transaction. 20. section 16 of the indian contract act defines undue influence' in the following way: '(1) a contract is said to be induced by 'undue influence' where the relations subsisting between the parties are such that one of the parties is in a position to dominate the will of the ..... on the evidence adduced, to he unconscionable, the burden of proving that such contract was not induced by undue influence shall lie upon the person in a position to dominate the will of the other. nothing in this sub-section shall affect the provisions of section 111 of the indian evidence act, 1872.' 21. the section broadly embodies the classes of cases which cannot be ..... of the plaint that the plaintiffs main ground of attack on the transactions in favour of his mother was one based upon a plea of undue influence. 4. the case of the first defendant was that the plaintiff acted voluntarily in executing the documents in her favour, that he exercised a free and independent mind in regard to the transactions, and that the ..... of the learned subordinate judge that exs. b-1 and b-2 are vitiated by undue influence. 25. the position of the 2nd defendant has now to be considered. section 89 of the trusts act is as follows: 'advantage gained by exercise of undue influence: where, by the exercise of undue influence any advantage is gained in derogation of the interests of another, the person paining such .....

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Mar 09 1972 (HC)

Thakkadi Syed Mohamed Vs. Ahmed Fathumml and ors.

Court : Chennai

Reported in : AIR1973Mad302

..... follows:'1. a contract is said to be induced by 'undue influence' where the relations subsisting between the parties are such that one of the parties is in a ..... under undue influence and coercion and that, therefore, it is not valid. the learned counsel further submitted that the burden is on the donee to prove that the gift was the result of a free exercise of independent will and there is a presumption of undue influence and coercion on the facts and circumstances of this case. section 16 of the indian contract act defines 'undue influence' as ..... the evidence adduced to be unconscionable, the burden of proving that such contract was not induced by undue influence shall lie upon the person in a position to dominate the will of the other. nothing in this sub-section shall affect the provision of section 111 of the indian evidence act, 1872.' unless it is shown here that the donee was in a ..... result of free exercise of independent will and the court should be satisfied that the donor was acting independently without influence from the donee. the mere existence of the fiduciary relationship of parent and child between the donee and the donor raises a presumption of undue influence and it is for the donee to rebut the presumption. the decision reported in (1961) .....

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Nov 24 2005 (HC)

Ajit Mehrotra Vs. Shyam NaraIn Mehrotra (D.) Through L.Rs. and ors.

Court : Allahabad

Reported in : 2006(74)AWC2736

..... other decision relied upon by the counsel appearing for the petitioner is : (1994)1scc531 . counsel for the petitioner has also cited commentary of indian contract act, wherein it was stated that question of undue influence could have been decided only after leading evidence by both the parties and not at the time of deciding the interim application as a preliminary ..... any opportunity to lead evidence to establish undue influence, the orders have been challenged. the decision relied upon by counsel for the petitioner is ladli prashad jaiswal ..... for the petitioner has emphasized and tried to persuade this court that undue influence was exercised by the defendants and there was misrepresentation, undue influence and concealment, which led the petitioner to agree to the compromise. emphasis is on sections 16, 17 and 18 of indian contract act, which defines undue influence, fraud and misrepresentation. since the courts below have refused to give ..... a decisive value, therefore, he is in a position of dominance to his own advantage and it is at that point of time, law of undue influence intervenes. section 16(2) of contract act lays down special presumption. for ready reference paragraph no. 26 of the said decision is quoted below :a transaction may be vitiated on account of .....

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